AAA Loses Bid to Reverse New York Bridge, Tunnel Toll Boost

Feb. 6 (Bloomberg) -- Two New York-area auto clubs lost a
bid to immediately reverse toll increases on bridges and tunnels
imposed by the Port Authority of New York & New Jersey in
September.

U.S. District Judge Richard Holwell today denied a request
by AAA New York and AAA North Jersey to block collection of the
toll increases, writing that AAA hadn’t shown a sufficient
likelihood that it will win on its claim that the toll increases
are being used illegally to subsidize the rebuilding of the
World Trade Center.

“AAA alleges that the Port Authority is spending toll
revenue on the World Trade Center, but has offered insufficient
evidence to counter the Port Authority’s financial analyses,”
Holwell wrote.

AAA sued in federal court in Manhattan Sept. 27 to roll
back the toll increases at Port Authority-operated bridges and
tunnels including the George Washington Bridge and the Holland
and Lincoln tunnels. Earlier that month, the Port Authority
raised the round-trip price for passenger cars using its E-Z
Pass system to $7.50 from $6 during off-peak travel and to $9.50
from $8 during peak hours.

Evidence Exchange

In his ruling today, Holwell allowed AAA to continue its
effort to have the toll increases declared illegal, declining
the Port Authority’s request to dismiss the suit before trial.
Holwell ruled that the parties can proceed with discovery, or
the pretrial exchange of testimony and records.

Robert Sinclair Jr., a spokesman for AAA New York, said the
ruling gives his group another chance to reverse the increases.

The Port Authority in August cited economic recession,
increased security costs and the need to overhaul its
facilities, in announcing proposed increases.

AAA claims the increases violate the Commerce Clause of the
U.S. Constitution, the federal Highway Act of 1987 and court
decisions that require the tolls on Port Authority bridges and
tunnels to be “just and reasonable.”

The case is Automobile Club of New York Inc. v. Port
Authority of New York and New Jersey, 11-cv-06746, U.S. District
Court, Southern District of New York (Manhattan).